The protection of children refugees in brazil by the control of conventionality

• Main Authors: Ana Maria D´Ávila Lopes, Rafaela Gomes Viana
• Format: Article
• Language: Spanish
• Published: Faculdade de Direito de Vitória 2016-12-01
• Series: Revista de Direitos e Garantias Fundamentais
• Subjects: Refúgio. Criança. Controle de convencionalidade
• Online Access: http://sisbib.fdv.br/index.php/direitosegarantias/article/view/840

The objective of this study is to show the importance of AO No. 21/2014 of the Inter-American Court of Human Rights, via control of conventionality, as a way to ensure the protection of the refugee children's rights in Brazil. To this end, a bibliographical and documentary research on international and national doctrine, legislation and jurisprudence was made. It was found that only after the Second World War, the rights of refugees began to receive international attention. So, too, it was found that the right to asylum is a fundamental right, whose interpretation should be performed via control of conventionality, in the light of international human rights, such as the Convention Relating of the status of Refugees, adopted in 1951, and the OC nº 21/2014  of the Inter-American Court of Human rights. It was concluded, from the analysis of a Brazilian court decision, it is still needed greater knowledge about the control of conventionality by the Brazilian authorities in order to better protect the rights of children refugees.